When a tree falls, who is liable?

There's an old saying about fences making good neighbors. That adage may be tested if your fallen tree crushed your neighbor's fence during last weekend's freak snowstorm.

Neighborly relations across the Lehigh Valley are under pressure after the heavy snow brought countless trees and limbs crashing down.

Where a tree or limb from one property fell on another property, neighbors may be debating who is responsible for cleaning up and paying for any damage. I'm assuming those discussions are not going well for everyone, considering the anonymous message I received.

A woman said I should write about who must remove a tree that falls on an adjacent property. She didn't leave details, but I suspect the cleanup in her neighborhood became a bit un-neighborly..

In a perfect world, you'd work together to dispose of the tree. If that's not realistic, the cleanup probably falls to the property owner where the tree or limb landed, said Michael Barry, vice president of media relations for the Insurance Information Institute in New York.

What if the downed tree caused damage, or is so big that it requires professional removal?

You might not like this, but again, the person who suffered the damage would have to file a claim with his insurer and pay any deductible, several insurance companies told me. They said the owner of the property where the tree or limb originated usually isn't liable if a storm blew it down.

That answer has surprised some. Tim Brion, a State Farm Insurance agent in Bethlehem, said he spoke with several people whose trees had fallen on a neighbor's property and they seemed shocked when told they aren't responsible, their neighbor is.

"What do you mean it's their responsibility?" he said they responded. "It's my tree."

The matter is confusing because if your tree falls on your neighbor's property when it's not storming, you usually are liable, said Pat Borowski, senior vice president at the National Association of Professional Insurance Agents.

"In a storm, the way the coverage works is exactly opposite," she said. "That's what I think confuses people."

Tree damage during a storm is considered a "natural" event that's not either person's fault, Borowski said. But if a tree or limb falls on a sunny day and damages your neighbor's property, you can be held responsible.

Of course, there always are exceptions. State Farm, Allstate, Nationwide and Erie insurance companies all told me each claim is unique and handled on its own merits.

Megan Euston, an Erie Insurance spokeswoman, said liability can depend on the condition of the tree before it fell. If the tree was dead or dying, the property owner where the tree was located could be held negligent for not properly maintaining the tree.

Brion said if your neighbor's tree fell on your property during the storm, and you previously had warned your neighbor about the tree being dangerous and asked him to do something about it, then it might be his responsibility after all. You'd likely have to prove you had warned your neighbor, though, such as by telling him in a certified letter.

Not every tree that snapped under the weight of last weekend's snow caused damage. Some just plopped down on lawns and driveways.

If they are so big that you have to pay to have them hauled away, you probably still have limited insurance coverage, Brion and Euston said.

Pennsylvania homeowners are lucky, the national experts told me, because there typically isn't coverage if a fallen tree or limb doesn't smash something. Sarah Bruner, a State Farm spokeswoman, said Pennsylvania policyholders have "unique" coverage.

It's best to call your insurance agent and let them deal with the situation. One insurer may handle the claim, then try to collect from the other insurer.

"They'll come out and investigate the situation," said Rosanne Placey, a spokeswoman for the Pennsylvania Insurance Department. "Don't duke it out with your neighbor."

If you question how your claim is handled, call the insurance department at 877-881-6388.

It's important to remember that if the damage repair or tree removal cost won't meet your deductible, it's not worth filing a claim. Also be cautious filing a claim if you've had several other recent claims, as repeated claims could increase the cost of your future coverage.

The best solution to many of these situations is to be neighborly. If your fallen tree caused damage to your neighbor's property or left a mess and you feel responsible, you always can offer to split the cost or pitch in and help clean up.

My neighbor and I did that a few years ago when a large limb from a tree on the border of our properties cracked a small section of my fence. The repair wouldn't have met my deductible. Instead of pointing fingers, we split the cost.

The insurance agents and experts I talked to offered other advice to snowstorm victims. They said if you lost power and food spoiled, that loss may be covered.

You also may be able to claim lodging expenses if you went to a hotel, though probably not if you left just because the power went out in your neighborhood.

But if you left because your home was physically damaged (such as a hole in the roof), that's usually covered, Brion said. And if your home was the only one on your block that lost power and the outage was caused by direct damage to your home, such as a falling tree breaking your electric meter, you could be eligible.

Now, for the bad news. If a tree fell on your car, it comes under your auto policy, but if you don't have comprehensive coverage, the damage likely will not be covered.

The Watchdog is published Thursdays and Sundays. Contact me by email at watchdog@mcall.com, by phone at 610-841-2364 (ADOG), by fax at 610-820-6693, or by mail at The Morning Call, 101 N. Sixth St., Allentown, PA, 18101. Follow me on Twitter at mcwatchdog and on Facebook at Morning Call Watchdog.